Pillay’s office to investigate Lanka: US draft resolution

Tuesday, 4 March 2014 00:44 - - {{hitsCtrl.values.hits}}

Office of High Commissioner mandated to probe abuses by both sides
Pillay to use inputs from special rapporteurs in investigation
First draft is “alarmed at rapid rise in violence and discrimination on the basis of religion”
Calls on Govt. to release report on Weliweriya shootings
Resolution circulated by US, UK, Montenegro, Macedonia and Mauritius

By Dharisha Bastians A first draft of the third and toughest US-sponsored resolution on Sri Lanka at the UN Human Rights Council calls for an investigation into alleged abuses by both parties to the conflict to be led by the Office of the High Commissioner for Human Rights (OHCHR) Navi Pillay. The draft resolution, which was in circulation yesterday, rules out an investigation by a Commission of Inquiry, but sets the stage for a Pillay-led probe to be supported by findings of special procedures mandate holders – or special rapporteurs. The resolution in its initial draft has opted for the OHCHR inquiry mechanism, one of the investigative processes available to the Council to hold the Sri Lankan Government to account over mounting allegations of rights abuses. Circulated by the US, UK, Montenegro, Macedonia and Mauritius, the resolution draft requests the office of the High Commissioner to assess progress towards accountability and reconciliation, monitor relevant national processes and to investigate alleged violations and abuses of human rights and related crimes by both parties in Sri Lanka. The latest resolution welcomes Pillay’s recommendation in her Sri Lanka report, on the need for “an independent and credible international investigation in the absence of a credible national process with tangible results”. The OHCHR probe offers the Sri Lankan Government the grace period of yet another year, before facing a potential North Korea style UNHRC Commission of Inquiry, analysts said. Pillay is being called upon to present an oral update to the UNHRC at its 27th Session (in September) and a comprehensive report followed by a discussion on the present resolution at its 28th session. The resolution also encourages the Office of the High Commissioner and relevant special procedures mandate holders to provide advice and technical assistance on implementation of the steps outlined. The resolution has called on the Government of Sri Lanka to release the results of its investigations into violations by security forces, including the attack on unarmed protestors in Weliweriya. In its first text, the resolution urges the Government to investigate attacks on temples, mosques and churches and take steps to prevent further attacks. “Calls on the Government of Sri Lanka to investigate and hold accountable perpetrators of attacks on places of worship, journalists, human rights defenders, members of religious minority groups and other members of civil society,” the text says. Going into the nitty-gritty of devolution issues in the country, the draft resolution also encourages the Government to provide the Northern Provincial Council and its chief minister with “the resources and authority necessary to govern, as required, by the 13th Amendment of the Constitution”. Intense lobbying on the language of the resolution will commence this week and continue through till it is officially tabled in late March.

Govt. under fire as UNHRC kicks off

Time has come for international action on Lanka: Hugo Swire
Canada highlights GoSL “unwillingness to engage constructively”
Ban Ki-moon makes special reference to Pillay’s SL report in opening speech
Leaders who fail to heed human rights calls are called into account and eventually lose power: Pillay
US envoy Samantha Power to address Council this afternoonGL to issue first remarks on behalf of Lanka tomorrow

Sri Lanka came in for flak early into the 25th Session of the UN Human Rights Council, with the United Kingdom and Canada strongly pushing for international action over the country’s failure to address alleged abuses during the war. “The time has come for international action with regard to Sri Lanka,” said UK’s Minister of State at the Foreign Office, Hugo Swire, who said Pillay’s report on the country’s progress in addressing accountability and reconciliation was ‘unambiguous’. Swire said Britain hoped the Human Rights Council would unite to support the call for an international investigation into alleged human rights abuses on both sides. Britain has pledged to push for an international inquiry to alleged crimes committed in Sri Lanka, following a visit to Colombo by Prime Minister David Cameron late last year. US Ambassador to the UN and member of President Barack Obama’s Cabinet, Samantha Power, who was expected to speak at the Council yesterday, has been rescheduled to speak this afternoon instead. The US will present a third resolution on Sri Lanka at the Council, the first draft of which will be circulated in Geneva this week. “The Government of Sri Lanka has failed to ensure independent and credible investigations into alleged abuses and violations by both sides,” the UK Minister said. Swire added that a majority of recommendations from successive resolutions at the Council had been unimplemented and the Government of Sri Lanka had not accepted offers of technical assistance from the UN. “This Council has a duty, to act on the findings of the report that we collectively commissioned and establish the truth,” Swire said, referring to Pillay’s report. Lynne Yelich Canadian Minister of State for Foreign Affairs and Consular said Canada regretted the Sri Lankan Government’s unwillingness to engage constructively on the substance of various reports or take genuine steps for accountability and reconciliation. “Previous internal mechanisms have remained secret, partial or unfulfilled,” Yelich told the Council in her speech. “In the absence of credible actions by the Government of Sri Lanka, Canada supports the call for an international inquiry mechanism,” the Minister charged. Signalling that Sri Lanka is going to be a front and centre issue at the 25th Session, UN Secretary General Ban Ki-moon kicked off proceedings in Geneva yesterday, stressing the need for accountability and welcoming the report on Sri Lanka by his Human Rights Chief Navi Pillay. UN High Commissioner for Human Rights Pillay made her last opening speech before the Council, as her term ends in August 2014. “Human rights violations are often the first tremors on the ground, that can signal potential larger scale violence,” the High Commissioner said, opening the 25th Session. Issuing a poignant call, Pillay said leaders who fail to heed voices raised for human rights often find themselves called into account and sooner or later lose their power. “Respect for human rights is not a mere legal obligation, but also bestows legitimacy on those leaders who ensure this respect,” the High Commissioner noted. “It is vital that the full truth of past events is known and accountability be pursued, for this is the only way to achieve stability,” Greek Deputy Foreign Minister Dimitris Kourkoulas told the Council, on behalf of the EU High Representative. After four years, the European Union has restarted its dialogue with Sri Lanka and is hopeful this can facilitate real reform to the situation on the ground alongside accountability for past crimes, the Deputy Foreign Minister of Greece said. The Sri Lankan Government will present its case for the first time tomorrow (5) when External Affairs Minister G.L. Peiris addresses the 47-member Council in the morning to deliver the National Statement.

Sajin, Ravinatha participate in HRC High Level Segment

Monitoring MP of the Ministry of External Affairs Sajin de Vass Gunawardena is already in Geneva to participate in the High Level Segment, and is being joined by Sri Lanka’s Permanent Representative to the UN in Geneva Ambassador Ravinatha Aryasinha, the Government said in a press released last night. The statement from the Permanent Mission to the UN in Geneva said Leader of the House and Minister of Irrigation and Water Resources Management Nimal Siripala de Silva and Minister of Plantation Industries Mahinda Samarasinghe, who will be in Geneva to participate in the 130th Inter Parliamentary Union (IPU) Assembly and related meetings, will join the Sri Lanka delegation from 15-21 and 9-21 March, respectively, in briefing regional groups of member countries to the UN in Geneva on developments relating to Sri Lanka.